HomeMy WebLinkAbout09-01-89
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-86-398
ESTATE OF ROBERT M. MUMMA, DECEASED
ANSWER OF BARBARA M. MC CLURE
TO PETITION OF ROBERT M. MUMMA, II
TO REVOKE DISCLAIMER
Barbara M. McClure hereby files the following Answer to the
Petition of Robert M. Mumma, II to Revoke Disclaimer, in
accordance with the numbered paragraphs thereof:
1. Admitted.
2 . Admi tted.
3. Admitted.
4. The provisions of Robert M. Mumma's Will speak for
themselves.
5. The provisions of Robert M. Mumma's Will speak for
themselves.
6. The provisions of Robert M. Mumma's will speak for
themselves.
7. The provisions of Robert M. Mumma's Will speak for
themselves.
8. Petitioner's summary in paragraph 8 of the Petition is
denied. By way of further answer, Respondent incorporates herein
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by reference the response of Barbara McK. Mumma and Lisa M.
Morgan, Executrices as set forth in paragraph 8 of their answer.
9. In response to Petitioner's assertion of
representation, Respondent hereby incorporates herein her
response set forth in paragraph 8 above and in response to
Petitioner's assertion of reliance, Respondent is without
knowledge or information sufficient to form a belief as to the
truth of the averment which is therefore deemed denied. It is
admitted that Robert M. Mumma, II, executed a Disclaimer and
filed it with the Clerk of this Court on or about January 6,
1987. Respondent denies that Exhibit A to the Petition is a copy
of the Disclaimer, as no "Exhibit A" was attached to her copy of
the Petition.
10. Respondent is without knowledge or information
sufficient to form a belief as to the truth of the averments of
paragraph 10 which are therefore deemed denied.
11. Denied for the reason set forth in paragraph 10 above.
12. This paragraph is a request for relief to which no
response is required.
13. Denied for the reason set forth in paragraph 10 above.
Respondent takes no position as to whether Robert M. Mumma, II,
should be permitted to revoke his Disclaimer.
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14. Respondent hereby incorporates by reference the
requests of the Executrixes, Barbara McK. Mumma and Lisa M.
Morgan contained in paragraphs 14 and 15 of their Answer to
Robert M. Mumma, II's Petition. Accordingly, Respondent agrees
that the children and unborn descendants of Robert M. Mumma, II
should have the opportunity to be heard on his Petition, and that
all expenses in connection with the Proceeding to Revoke the
Disclaimer should be charged back against the property
distributable to Robert M. Mumma, II or his descendants on the
death of Mr. Mumma's widow.
WHEREFORE, Respondent requests that provisions be made in
these proceedings for the legal representation of the children
and unborn descendants of Robert M. Mumma, II, as such, and that
the Order finally disposing of Mr. Mumma's Petition provide that
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all expenses of this proceeding be deducted from the shares of
the trusts under Mr. Mumma's will ultimately distributable on the
death of Mr. Mumma's widow to Robert M. Mumma, II, or to his
descendants.
ichard W. st ens on
ennsylvania Bar No. 07120
McNees, Wallace & Nurick
P. O. Box 1166
100 pine street
Harrisburg, PA 17108
(717) 232-8000
Attorney for Barbara M.
McClure
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VERIFICATION
I, Richard W. stevenson, being duly sworn according to law,
depose and say that I am filing this verification pursuant to
Rule 3.2 of the Orphans' Court Rules and Rule l024(c) of the
Pennsylvania Rules of civil Procedure that the facts set forth in
the foregoing Answer are true and correct to the best of my
information and belief based on privileged conversations. This
verification is not made by Barbara M. McClure because she is
vacationing outside of the jurisdiction of this Court and her
verification cannot be obtained within the time allowed for
filing this Answer
ichard W. stev
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer of
Barbara M. McClure to Petition of Robert M. Mumma, II to Revoke
Disclaimer has been served upon the following by first-class
mail, postage prepaid, this 31st day of August, 1989:
Arthur L. Klein, Esq.
2000 One Logan Square
Philadelphia, PA 19103
William C. Kollas, Esq.
Kollas, Costopoulos, Foster & Fields
831 Market Street/Po O. Box 222
Lemoyne, PA 17043
John Hardin Young
Porter, Wright, Morris & Arthur
1233 20th street, NW #400
Washington, DC 20036
Robert M. Frey, Esq.
5 South Hanover Street
Carlisle, PA 17013
Joseph A. O'Connor, Jr., Esq.
Morgan, Lewis & Bockius
2000 One Logan Square
Philadelphia, PA 19103
William F. Martson,
Martson, Deardorff,
10 East High Street
Carlisle, PA 17013
Esq.
William & otto
Barbara M. McClure
129 Lewisbury Road
Mechanicsburg, PA
17055
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